Rights of the New Owner if There is a Tenant in the Purchased Property

If there is a tenant in the purchased property, the rights and obligations of the new owner depend on the duration of the lease agreement, the terms of the contract, and local legal regulations. In Turkey, this situation is regulated by the Turkish Code of Obligations (TCO) and other relevant legislation.

 

 

 

 

 

Continuation of the Lease Agreement

The new owner is obliged to comply with the existing lease agreement. The lease agreement does not terminate with the change of ownership, and the new owner becomes a party to the lease agreement made with the previous owner.

 Right to Demand Rent

The new owner has the right to demand the rent specified in the lease agreement from the tenant. The tenant is obliged to pay the rent to the new owner.

 

 

 

Ev Kiralarken Dikkat Edilecek Noktalar Nelerdir?

 

 

Termination of the Lease Agreement

According to the TCO, the new owner has the right to terminate the lease agreement in some cases:

  • Prior Notice: If the new owner wants to terminate the lease agreement on the grounds that they need the property, they must notify the tenant within one month from the date of acquiring the property.
  • Justified Reasons: Termination is also possible for justified reasons such as the tenant not fulfilling the obligations under the lease agreement.

 

 

 

Evini Dodola

 

 

 Eviction Due to Need

If the new owner needs the property for themselves, their family, or persons they are obliged to take care of, they can terminate the lease agreement. In this case, the tenant must be given time to vacate the property within the legally prescribed periods.

 Renewal Period and Eviction Commitment

If the lease agreement is for a fixed term and has not been renewed at the end of this period, the new owner has the right not to renew the lease agreement. Additionally, if there is an eviction commitment made with the tenant, eviction can be requested based on this commitment.

 

 

Kısa Dönem Ev Kiralama Nedir? Avantajları Nelerdir? | Missafir

Right to Renovation and Repairs

The new owner has the right to make renovations or major repairs to the property. However, the rights and comfort of the tenant must be preserved during such works.

Tenant's Rights

The tenant also has certain rights that cannot be violated by the new owner:

  • Right to Stay During Lease Term: The tenant has the right to stay in the property under the specified conditions during the lease term.
  • Protection Provisions: The tenant has rights protected by law and the lease agreement, which must be considered by the new owner.

 

 

En Sağlam Kira Sözleşmesi Nasıl Yapılır? | Hepsiemlak | Emlak Yaşam

 

The new owner should exercise their rights over the property while respecting the tenant's rights. In case of disputes between the tenant and the new owner, the parties can usually seek resolution through the courts. Therefore, both tenants and new owners should seek legal advice regarding their rights and obligations.

 

 

Yabancı Öğrenciler Türkiye'de Nasıl Ev Kiralayabilir? - Ata Kurumsal  Danışmanlık

 

 

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